CBCA 3385

Clifford Fain

Mar 13, 2014Judge McCannDEPARTMENT OF AGRICULTURE
Not published in the listingSettled

Key Facts

Appellant
Clifford Fain
Respondent agency
DEPARTMENT OF AGRICULTURE
Judge
McCann
Case number
CBCA 3385
Decided
Mar 13, 2014The decision states Mar 13, 2014 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Settled
Accordingly, this case is DISMISSED WITH PREJUDICE.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

The topic rules ran over this decision's own words and none of them matched.

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions.

Appearances

For the appellant (pro se)
Clifford Fain
Sautee, GA
For the respondent
Jay McWhirter
Office of the General Counsel, Department of Agriculture
Atlanta, GA
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision1 pages, 844 characters, read from the Board's own documentDecided Mar 13, 2014 on its own faceRespondent DEPARTMENT OF AGRICULTURE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

DISMISSED WITH PREJUDICE: March 13, 2014

CBCA 3385

CLIFFORD FAIN,

Appellant,

v.

DEPARTMENT OF AGRICULTURE,

Respondent.

The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.

Clifford Fain, pro se, Sautee, GA.

Jay McWhirter, Office of the General Counsel, Department of Agriculture, Atlanta, GA, counsel for Respondent.

McCANN, Board Judge.

Order

On April 28, 2013, appellant filed an appeal in this case contending that he was entitled to a monetary recovery and the cancellation of his contract with the Forest Service because the timber estimates provided were incorrect. On March 7, 2014, the Board received from the parties a joint motion to dismiss. The motion indicated that all outstanding issues between the parties had been resolved and requested that the matter be dismissed with prejudice. Accordingly, this case is DISMISSED WITH PREJUDICE.

__________________________

R. ANTHONY McCANN

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Clifford Fain, CBCA 3385. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.

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